[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4668 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 4668
To limit assistance to the Palestinian Authority unless the President
certifies to Congress that the Palestinian Authority is not controlled
by a foreign terrorist organization, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 31, 2006
Mr. Fossella (for himself, Ms. Berkley, Mr. Cantor, Mr. Garrett of New
Jersey, Mr. Gerlach, Mr. Brown of South Carolina, Mrs. Jo Ann Davis of
Virginia, Mr. Sensenbrenner, Mr. Norwood, Mr. Hensarling, Mr. McNulty,
Mr. Engel, Mr. Otter, Mr. Kline, and Mr. Jones of North Carolina)
introduced the following bill; which was referred to the Committee on
International Relations
_______________________________________________________________________
A BILL
To limit assistance to the Palestinian Authority unless the President
certifies to Congress that the Palestinian Authority is not controlled
by a foreign terrorist organization, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Limitation on Assistance to the
Palestinian Authority Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In fiscal year 2005, the United States provided $275
million to the West Bank and Gaza, of which $50 million was
provided directly to the Palestinian Authority.
(2) On January 25, 2006, the militant group Hamas, an
organization designated by the Department of State as a foreign
terrorist organization, won parliamentary elections and control
of the Palestinian government.
(3) The inclusion of Hamas or any other foreign terrorist
organization in a Palestinian government is an implicit
endorsement of anti-American and anti-Israeli terrorist
ideology.
(4) On December 16, 2005, the House of Representatives
overwhelmingly passed House Resolution 575, which asserts that
``terrorist organizations, such as Hamas, should not be
permitted to participate in Palestinian elections until such
organizations recognize Israel's right to exist as a Jewish
state, cease incitement, condemn terrorism, and permanently
disarm and dismantle their terrorist infrastructure''.
(5) House Resolution 575 further asserts that ``the
inclusion of Hamas, or any other terrorist group on the
Department of State's list of foreign terrorist organizations,
in the Palestinian Authority's government will inevitably raise
serious questions for the United States about the commitment of
the Palestinian Authority and its leadership to making peace
with Israel and will potentially undermine the ability of the
United States to have a constructive relationship with, or
provide further assistance to, the Palestinian Authority''.
(6) Hamas is a terrorist organization that has killed more
than 500 people since 1989, including more than two dozen
United States citizens.
(7) The United States has clearly stated that armed
militias attached to political parties are incompatible with
democratic societies.
SEC. 3. DECLARATION OF POLICY.
It shall be the policy of the United States to promote the
emergence of a democratic Palestinian government that--
(1) denounces and combats terrorism;
(2) is actively working to disarm and dismantle terrorist
agencies, networks, and facilities;
(3) is actively working to eliminate terrorist incitement
and the commemoration of terrorists in Palestinian society;
(4) respects the boundaries and sovereignty of its
neighbors;
(5) recognizes the existence of Israel and its right to
secure borders; and
(6) acknowledges, respects, and upholds the human rights of
all people.
SEC. 4. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.
Chapter 1 of part III of the Foreign Assistance Act of 1961 (22
U.S.C. 2351 et seq.) is amended--
(1) by redesignating the second section 620G (as added by
section 149 of Public Law 104-164 (110 Stat. 1436)) as section
620J; and
(2) by adding at the end the following new section:
``SEC. 620K. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY.
``(a) Limitation.--Assistance may be provided under this Act or any
other provision of law to the Palestinian Authority only during a
period for which a certification described in subsection (b) is in
effect.
``(b) Certification.--A certification described in this subsection
is a certification transmitted by the President to Congress that
contains a determination of the President that--
``(1) the Palestinian Authority is not controlled by a
foreign terrorist organization; and
``(2) the Palestinian Authority--
``(A) recognizes the right of Israel to exist;
``(B) disarms all militias;
``(C) renounces violence and acts of terrorism
against Israel; and
``(D) takes definitive steps to be an active and
willing participant in peace negotiations and removes
people with ties to terrorist organizations from its
security services.
``(c) Recertifications.--Not later than 90 days after the date on
which the President transmits to Congress an initial certification
under subsection (b), and every 6 months thereafter--
``(1) the President shall transmit to Congress a
recertification that the requirements contained in subsection
(b) are continuing to be met; or
``(2) if the President is unable to make such a
recertification, the President shall transmit to Congress a
report that contains the reasons therefor.
``(d) Congressional Notification.--Assistance made available under
this Act or any other provision of law to the Palestinian Authority may
not be provided until 15 days after the date on which the President has
provided notice thereof to the Committee on International Relations and
the Committee on Appropriations of the House of Representatives and to
the Committee on Foreign Relations and the Committee on Appropriations
of the Senate in accordance with the procedures applicable to
reprogramming notifications under section 634A(a) of this Act.
``(e) Definitions.--In this section:
``(1) Foreign terrorist organization.--The term `foreign
terrorist organization' means an organization designated as a
foreign terrorist organization by the Secretary of State in
accordance with section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)).
``(2) Palestinian authority.--The term `Palestinian
Authority' includes any agency or instrumentality of the
Palestinian Authority.''.
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